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1 MANATT, PHELPS & PHILLIPS, LLP Exempt from filing fee pursuant to
Barry W. Lee (SBN 88685) Government Code § 6103
2 Justin Jones Rodriguez (SBN 279080)
One Embarcadero Center, 30th Floor ELECTRONICALLY
3 San Francisco, California 94111 F I L E D
Telephone: (415) 291-7450 Superior Court of California,
4 Facsimile: (415) 291-7474 County of San Francisco
Email: bwlee@manatt.com 08/22/2022
5 Email: jjrodriguez@manatt.com Clerk of the Court
BY: RONNIE OTERO
6 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
Deputy Clerk
Marcia Scully (SBN 80648)
7 Heather C. Beatty (SBN 161907)
Patricia J. Quilizapa (SBN 233745)
8 700 North Alameda Street
Los Angeles, CA 90012-2944
9 Telephone: (213) 217-6834
Facsimile: (213) 217-6890
10 Email: hbeatty@mwdh2o.com
11 Attorneys for Respondent, Defendant, and Cross-Complainant
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
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Additional counsel listed on following page
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14
SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF SAN FRANCISCO
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SAN DIEGO COUNTY WATER Case No. CPF-14-514004; consolidated
18 AUTHORITY, with Case Nos. CPF-16-515282 & CPF-18-
516389
19 Petitioner and Plaintiff,
Assigned for all purposes to the
20 v. Hon. Anne-Christine Massullo, Dept. 304
21 THE METROPOLITAN WATER DISTRICT METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA, ALL OF SOUTHERN CALIFORNIA’S
22 PERSONS INTERESTED IN THE VALIDITY NOTICE OF ERRATA RE POST-
OF THE RATES ADOPTED BY THE TRIAL BRIEF
23 METROPOLITAN WATER DISTRICT OF
SOUTHERN CALIFORNIA ON APRIL 8,
24 2014 TO BE EFFECTIVE JANUARY 1, 2015
AND JANUARY 1, 2016; and DOES 1-10,
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Respondents and Defendants.
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MANATT, PHELPS &
PHILLIPS, LLP METROPOLITAN’S NOTICE OF ERRATA RE POST-TRIAL BRIEF
ATTORNEYS AT LAW
SAN FRANCISCO
CASE NO. CPF-14-514004
1 THE METROPOLITAN WATER DISTRICT OF
SOUTHERN CALIFORNIA,
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Respondent, Defendant and Cross-
3 Complainant,
4 vs.
5 SAN DIEGO COUNTY WATER
AUTHORITY,
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Petitioner, Plaintiff and Cross-
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MANATT, PHELPS &
PHILLIPS, LLP METROPOLITAN’S NOTICE OF ERRATA RE POST-TRIAL BRIEF
ATTORNEYS AT LAW
SAN FRANCISCO
CASE NO. CPF-14-514004
1 MILLER BARONDESS LLP
Mira Hashmall (SBN 216842)
2 1999 Avenue of the Stars, Suite 1000
Los Angeles, California 90067
3 Telephone: 310-552-4400
Facsimile: 310-552-8400
4 Email: mhashmall@millerbarondess.com
5 MORGAN, LEWIS & BOCKIUS LLP
Colin C. West (SBN 184095)
6 One Market, Spear Street Tower
San Francisco, California 94105-1596
7 Telephone: (415) 422-1000
Facsimile: (415) 422-1101
8 Email: colin.west@morganlewis.com
9 Attorneys for Respondent, Defendant, and Cross-Complainant
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
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MANATT, PHELPS &
PHILLIPS, LLP METROPOLITAN’S NOTICE OF ERRATA RE POST-TRIAL BRIEF
ATTORNEYS AT LAW
SAN FRANCISCO
CASE NO. CPF-14-514004
1 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
2 PLEASE TAKE NOTICE THAT Respondent, Defendant, and Cross-Complainant
3 Metropolitan Water District of Southern California (“Metropolitan”) timely filed its post-trial
4 brief on August 19, 2022. Metropolitan submits this notice and corrected post-trial brief to correct
5 two inadvertent clerical errors. The corrected brief attached as Exhibit A makes the following
6 changes:
7 • The term “2016” has been replaced with “2018” in Footnote 4 on Page 9 and the
8 cite to “MWDRECORD2016_0000051” has been replaced with a cite to
9 “MWDRECORD2018_0000047;” and
10 • The Table of Authorities has been updated to include citations to MWD Act
11 (“Water Code appen.”) §§ 109-50, 109-51 and 109-133.
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Dated: August 22, 2022 MANATT, PHELPS & PHILLIPS, LLP
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By:
15 BARRY W. LEE
16 Attorneys for Respondent, Defendant, and
Cross-Complainant
17 METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
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MANATT, PHELPS &
PHILLIPS, LLP METROPOLITAN’S NOTICE OF ERRATA RE POST-TRIAL BRIEF
ATTORNEYS AT LAW
SAN FRANCISCO
CASE NO. CPF-14-514004
1 PROOF OF SERVICE
2 I, Michelle L. Cooper, declare as follows:
3 I am employed in San Francisco County, San Francisco, California. I am over the age of
eighteen years and not a party to this action. My business address is MANATT, PHELPS &
4 PHILLIPS, LLP, One Embarcadero Center, 30th Floor, San Francisco, California 94111. On
August 22, 2022, I served the within:
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METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA’S
6 NOTICE OF ERRATA RE POST-TRIAL BRIEF
7 on the interested parties in this action addressed as follows:
8 Dan Jackson
Warren A. Braunig
9
Nicholas Goldberg
10 Max Alderman
Julia Greenberg
11 KEKER, VAN NEST & PETERS LLP
633 Battery Street
12 San Francisco, CA 94111-1809
415.391.5400/Fax: 415.397.7188
13 djackson@keker.com; wbraunig@keker.com;
ngoldberg@keker.com; malderman@keker.com;
14 jgreenberg@keker.com
Attorneys for Petitioner and Plaintiff
15 SAN DIEGO COUNTY WATER AUTHORITY
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(BY ELECTRONIC SERVICE) By causing each such document to be served by File
17 & ServeXpress™ by transmitting true and correct copies to File & ServeXpress™ to
service the parties listed on the Court’s service list.
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19 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct and that this declaration was executed on August 22, 2022 at San
20 Francisco, California.
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23 Michelle L. Cooper
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MANATT, PHELPS &
PHILLIPS, LLP METROPOLITAN’S NOTICE OF ERRATA RE POST-TRIAL BRIEF
ATTORNEYS AT LAW
SAN FRANCISCO
CASE NO. CPF-14-514004
EXHIBIT A
1 MANATT, PHELPS & PHILLIPS, LLP Exempt from filing fee pursuant to
Barry W. Lee (SBN 88685) Government Code § 6103
2 Justin Jones Rodriguez (SBN 279080)
One Embarcadero Center, 30th Floor
3 San Francisco, California 94111
Telephone: (415) 291-7450
4 Facsimile: (415) 291-7474
Email: bwlee@manatt.com
5 Email: jjrodriguez@manatt.com
6 THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
Marcia Scully (SBN 80648)
7 Heather C. Beatty (SBN 161907)
Patricia J. Quilizapa (SBN 233745)
8 700 North Alameda Street
Los Angeles, CA 90012-2944
9 Telephone: (213) 217-6834
Facsimile: (213) 217-6890
10 Email: hbeatty@METROPOLITANh2o.com
11 Attorneys for Respondent, Defendant, and Cross-Complainant
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
12
Additional counsel listed on following page
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14 SUPERIOR COURT OF THE STATE OF CALIFORNIA
15 FOR THE COUNTY OF SAN FRANCISCO
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17 SAN DIEGO COUNTY WATER Case No. CPF-14-514004, consolidated with
AUTHORITY, Case Nos. CPF-16-515282 & CPF-18-
18 516389
Petitioner and Plaintiff,
19 Assigned for all purposes to the
v. Hon. Anne-Christine Massullo, Dept. 304
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THE METROPOLITAN WATER DISTRICT METROPOLITAN WATER DISTRICT
21 OF SOUTHERN CALIFORNIA, ALL OF SOUTHERN CALIFORNIA’S
PERSONS INTERESTED IN THE POST-TRIAL BRIEF (CORRECTED)
22 VALIDITY OF THE RATES ADOPTED BY
THE METROPOLITAN WATER DISTRICT
23 OF SOUTHERN CALIFORNIA ON APRIL 8,
2014 TO BE EFFECTIVE JANUARY 1, 2015
24 AND JANUARY 1, 2016; and DOES 1-10,
25 Respondents and
Defendants.
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MANATT, PHELPS &
PHILLIPS, LLP METROPOLITAN’S POST-TRIAL BRIEF (CORRECTED)
ATTORNEYS AT LAW
SAN FRANCISCO
(CASE NO. CPF-14-514004)
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2 THE METROPOLITAN WATER DISTRICT OF
SOUTHERN CALIFORNIA,
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Respondent, Defendant and Cross-
4 Complainant,
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6 SAN DIEGO COUNTY WATER
AUTHORITY,
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Petitioner, Plaintiff and Cross-
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PHILLIPS, LLP METROPOLITAN’S POST-TRIAL BRIEF (CORRECTED)
ATTORNEYS AT LAW
SAN FRANCISCO
(CASE NO. CPF-14-514004)
1 MILLER BARONDESS LLP
Mira Hashmall (SBN 216842)
2 1999 Avenue of the Stars, Suite 1000
Los Angeles, California 90067
3 Telephone: 310-552-4400
Facsimile: 310-552-8400
4 Email: mhashmall@millerbarondess.com
5 MORGAN, LEWIS & BOCKIUS LLP
Colin C. West (SBN 184095)
6 One Market, Spear Street Tower
San Francisco, California 94105-1596
7 Telephone: (415) 422-1000
Facsimile: (415) 422-1101
8 Email: colin.west@morganlewis.com
9 Attorneys for Respondent, Defendant, and Cross-Complainant
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
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PHILLIPS, LLP METROPOLITAN’S POST-TRIAL BRIEF (CORRECTED)
ATTORNEYS AT LAW
SAN FRANCISCO
(CASE NO. CPF-14-514004)
1 TABLE OF CONTENTS
2 Page
3 I. INTRODUCTION .............................................................................................................. 1
4 II. SUMMARY OF EVIDENCE ............................................................................................. 2
A. Full-Service, Wheeling, and Exchanges ................................................................. 2
5
B. The Exchange Agreement ....................................................................................... 4
6 III. THE RATE CLAIMS AND DEFENSES ........................................................................... 6
7 A. Wheeling Statutes.................................................................................................... 7
B. Proposition 26 ......................................................................................................... 8
8
C. Government Code § 54999.7(a) .............................................................................. 9
9 D. Government Code § 66013 ................................................................................... 10
10 E. MWD Act § 134 .................................................................................................... 10
F. Common Law ........................................................................................................ 10
11
IV. THE CONTRACT CLAIMS AND DEFENSES .............................................................. 10
12 A. There is no contract for offsetting benefits ........................................................... 11
13 1. The four corners of the contract control .................................................... 11
B. Extrinsic evidence also supports Metropolitan ..................................................... 12
14
1. The 1998 Exchange Agreement ................................................................ 12
15 2. The Exchange Agreement ......................................................................... 12
16 3. Course of Dealing ..................................................................................... 14
4. Contract Performance................................................................................ 14
17
C. The contract claim fails on the breach element..................................................... 15
18 D. The contract claim fails on the damages element ................................................. 15
19 1. San Diego’s damages are impermissibly speculative ............................... 15
2. San Diego’s claimed damages fatally hinge on Resolution 8520 ............. 16
20
V. SATISFACTION OF THE 2010/2012 JUDGMENT ....................................................... 18
21 VI. ADDITIONAL METROPOLITAN DEFENSES ............................................................. 18
22 A. Dispute Resolution (Metropolitan’s 5th affirmative defense) .............................. 18
B. Administrative Discretion (Metropolitan’s 7th affirmative defense).................... 18
23
C. Unjust Enrichment (Metropolitan’s 21st affirmative defense) ............................. 19
24 D. Mistake (Metropolitan’s 27th and 28th affirmative defenses) .............................. 19
25 VII. METROPOLITAN’S REFORMATION CROSS-CLAIMS ............................................ 19
VIII. METROPOLITAN’S COST-CAUSATION CROSS-CLAIM ........................................ 20
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IX. CONCLUSION ................................................................................................................. 20
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SAN FRANCISCO
TABLE OF CONTENTS
1 TABLE OF AUTHORITIES
2 Page
3
CASES
4 Baines v. Zuieback,
5 84 Cal. App. 2d 483 (1948)..................................................................................................... 19
Brinton v. Bankers Pension Servs., Inc.,
6 76 Cal. App. 4th 550 (1999) ................................................................................................... 12
7 City of San Buenaventura v. United Water Cons. Dist.,
79 Cal. App. 5th 110 (2022) ..................................................................................................... 9
8
Demetris v. Demtris,
9 125 Cal. App. 2d 440 (1954)................................................................................................... 19
10 Donovan v. RRL Corp.,
26 Cal. 4th 261 (2001) ............................................................................................................ 20
11 Durant v. Beverly Hills,
12 39 Cal. App. 2d 133 (1940)..................................................................................................... 10
Employers Reins. Co. v. Super. Court,
13 161 Cal. App. 4th 906 (2008) ................................................................................................. 12
14 First Am. Title Ins. & Trust Co. v. Cook,
12 Cal. App. 3d 592 (1970)..................................................................................................... 20
15
Hansen v. City of San Buenaventura,
16 42 Cal. 3d 1172 (1986) ....................................................................................................... 8, 10
17 Humphreville v. City of L.A.,
58 Cal. App. 5th 115 (2020) ..................................................................................................... 9
18 In re Quantification Settlement Agreement Cases,
19 201 Cal. App. 4th 758 (2011) ............................................................................................. 4, 14
Metro. Water Dist. of S. Cal. v. Imperial Irrigation Dist., et al.,
20 80 Cal. App. 4th 1403 (2000) ........................................................................................... 1, 3, 6
21 Moore v. Cal. State Bd. of Accountancy,
2 Cal. 4th 999 (1992) ................................................................................................................ 9
22
Oasis W. Realty, LLC v. Goldman,
23 51 Cal. 4th 811 (2011) ............................................................................................................ 11
24 Parkford Owners for a Better Community v. County of Placer,
54 Cal. App. 5th 714 (2020) ..................................................................................................... 7
25 Piscitelli v. Friedenberg,
26 87 Cal. App. 4th 953 (2001) ................................................................................................... 15
Rincon Del Diablo Mun. Water Dist. v. San Diego Cty. Water Auth.,
27 121 Cal. App. 4th 813 (2004) ................................................................................................. 10
28
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SAN FRANCISCO
TABLE OF AUTHORITIES
1 TABLE OF AUTHORITIES
(continued)
2 Page
3 San Diego County Water Auth. v. Metro. Water Dist. of S. Cal.,
117 Cal. App. 4th 13 (2004) ................................................................................................... 19
4
San Diego Cty. Water Auth. v. Metro. Water Dist. of S. Cal.,
5 12 Cal. App. 5th 1124 (2017) .......................................................................................... passim
6 San Luis Coastal Unified Sch. Dist. v. City of Morro Bay,
81 Cal. App. 4th 1044 (2000) ................................................................................................. 18
7
SLPR, L.L.C. v. San Diego Unified Port Dist.,
8 49 Cal. App. 5th 284 (2020) ................................................................................................... 12
Spurgeon v. Drumheller,
9
174 Cal. App. 3d 659 (1985)................................................................................................... 18
10 Thrifty Payless, Inc. v. Mariners Mile Gateway, LLC,
185 Cal. App. 4th 1050 (2010) ............................................................................................... 11
11
Wilson v. City of Laguna Beach,
12 6 Cal. App. 4th 543 (1992) ..................................................................................................... 18
13 STATUTES
Civ. Code § 1636 .......................................................................................................................... 11
14
Civ. Code § 1638 .......................................................................................................................... 11
15
Civ. Code § 1639 .......................................................................................................................... 11
16 Civ. Code § 3399 .......................................................................................................................... 19
17 Code Civ. Proc. § 870 ................................................................................................................... 14
18 Code Civ. Proc. § 1060 ................................................................................................................. 18
Gov. Code § 54999.1(h) .................................................................................................................. 9
19
Gov. Code § 54999.7(a) .................................................................................................................. 9
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Gov. Code § 66013(b)(3) .............................................................................................................. 10
21 MWD Admin. Code § 4119 ............................................................................................................ 3
22 MWD Admin. Code § 4405 ............................................................................................................ 3
23 Wat. Code appen. § 109-50 ....................................................................................................... 9, 10
Wat. Code appen. § 109-51 ....................................................................................................... 9, 10
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Wat. Code appen. § 109-133 ..................................................................................................... 9, 10
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Wat. Code appen. § 109-134 ..................................................................................................... 9, 10
26 Wat. Code § 1810.................................................................................................................. 3, 8, 15
27 Wat. Code § 1810(d) ....................................................................................................................... 8
28 Wat. Code § 1811(c) ......................................................................................................... 1, 3, 8, 12
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SAN FRANCISCO
TABLE OF AUTHORITIES
1 TABLE OF AUTHORITIES
(continued)
2 Page
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TABLE OF AUTHORITIES
1 I. INTRODUCTION
2 The core issue in these cases is San Diego’s allegation that Metropolitan failed to provide
3 credit for any offsetting benefits in the price term of the parties’ 2003 Amended and Restated
4 Exchange Agreement. (PTX65 [“Exchange Agreement”].) San Diego’s first three causes of action
5 challenge Metropolitan’s generally applicable transportation rate components and former preset
6 wheeling rate on the theory that Water Code §§ 1810 et seq. (“Wheeling Statutes”) and other laws
7 somehow required Metropolitan to make an offsetting benefits determination and apply a credit to
8 San Diego. That theory makes no sense. The challenged rates are all generally applicable, not
9 transaction specific. The Wheeling Statutes require an offsetting benefits credit, if at all, only on a
10 case-by-case basis. Metro. Water Dist. of S. Cal. v. Imperial Irrigation Dist., et al. (“IID”), 80
11 Cal. App. 4th 1403, 1420 (2000). The other laws are silent on offsetting benefits.
12 San Diego’s fourth cause of action alleges that Metropolitan breached the Exchange
13 Agreement by not providing an offsetting benefits credit. But the parties did not intend the price
14 to include offsetting benefits. The parties executed the contract on October 10, 2003. San Diego
15 did not request an offsetting benefits determination until March 11, 2018 (PTX925)—15 years
16 later and after its 2017 appellate loss on most contract damages it sought in the parties’ earlier
17 litigation. Seeking a new basis for damages, San Diego now contends it is entitled to a $334M
18 offsetting benefits credit for just 2015-2020. San Diego’s 15-year silence about such a valuable
19 “benefit” completely negates intent.
20 San Diego also asks the Court to invent an offsetting benefit that has no basis in law. The
21 Wheeling Statutes concern only benefits to a conveyance system owner “for the use of the
22 conveyance system.” Wat. Code § 1811(c). San Diego asks the Court to contradict that language
23 to rule that an offsetting benefit may be based on introducing a new water supply to a region. San
24 Diego’s only hook for its novel theory is Metropolitan’s Resolution 8520, adopted in 1997 and
25 repealed in 2020. Resolution 8520 was not applicable to the Exchange Agreement; it applied only
26 to wheeling transactions of one year or less to member agencies. In those cases, Metropolitan
27 elected to consider a discount to its wheeling rate based on regional water supply benefits
28 provided to Metropolitan’s service area on a case-by-case basis. No evidence exists that any party
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ATTORNEYS AT LAW METROPOLITAN’S POST-TRIAL BRIEF (CORRECTED)
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1 intended Resolution 8520 to apply to the 110-year Exchange Agreement. San Diego’s former
2 General Manager and lead negotiator of the Exchange Agreement testified that Resolution 8520
3 did not govern the contract’s price term. (Reporter’s Transcript [“RT”] 800:7-801:10, 805:12-25.)
4 And even if it did apply, it includes numerous conditions precedent that San Diego did not meet.
5 Metropolitan is entitled to judgment on every claim and cross-claim for the reasons
6 detailed below, discussed in Metropolitan’s pre-trial brief, and presented at trial.
7 II. SUMMARY OF EVIDENCE
8 Metropolitan is a voluntary cooperative of 26 member agencies, including San Diego.
9 Metropolitan delivers wholesale water to its member agencies from two principal sources: the
10 Colorado River via the Colorado River Aqueduct (“CRA”) and the State Water Project (“SWP”)
11 via the California Aqueduct. San Diego Cty. Water Auth. v. Metro. Water Dist. of S. Cal., 12 Cal.
12 App. 5th 1124, 1131 (2017) (“SDCWA”). Metropolitan is required by statute to establish rates for
13 the water it delivers to generate sufficient revenue to pay its costs. Wat. Code appen. § 109-134.
14 Metropolitan adopted an unbundled rate structure in 2003, allocating its costs to supply
15 and transportation rate components. (RT 1521:23-1524:28.) Supply rates recover Metropolitan’s
16 cost of obtaining water supply, as well as maintaining and developing additional water supplies.
17 Transportation rates recover the costs of constructing, operating, and maintaining Metropolitan’s
18 water conveyance infrastructure. The transportation rates consist of a system access rate
19 “designed to recover the capital, operating, and maintenance costs associated with transportation
20 facilities”; a system power rate designed to “recover[] the cost of pumping water through the
21 [SWP] and [CRA] to Southern California; and formerly, a water stewardship rate (“WSR”)
22 “designed to recover the costs of conservation programs and other water management programs
23 that reduce and defer system capacity expansion costs.” SDCWA, 12 Cal. App. 5th at 1138.
24 A. Full-Service, Wheeling, and Exchanges
25 Metropolitan provides full-service water (Metropolitan supplies and transports water) to
26 its member agencies. Metropolitan provided wheeling service to its member agencies for
27 transactions of one year or less with a preset wheeling rate until the rate’s repeal in August 2020.
28 Other wheeling (for over one year; to third parties; and after the repeal, to member agencies for
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1 one year or less) is contractual, with a negotiated price. Water exchanges have always been
2 contractual, with a negotiated price. Unlike exchanges, wheeling involves transporting another
3 party’s water through Metropolitan’s system; the water is not owned by Metropolitan.
4 The full-service rate includes the supply and transportation rate components. The preset
5 rate for wheeling service included the system access rate and former WSR, but not the system
6 power rate or any supply rates. (MWD Admin. Code §§ 4405; 4119.) Actual power costs and an
7 administrative fee were also charged for wheeling. (RT 1522:16-1524:28.)
8 The Wheeling Statutes define “wheeling” as the use of a public agency’s facilities to
9 convey water that is not owned by the agency, if there is unused capacity, in exchange for fair
10 compensation, which the facility owner has discretion to determine. Wat. Code § 1810. Fair
11 compensation is defined as: “reasonable charges incurred by the owner of the conveyance system,
12 including capital, operation, maintenance, and replacement costs, increased costs from any
13 necessitated purchase of supplemental power, and including reasonable credit for any offsetting
14 benefits for the use of the conveyance system.” Id. § 1811(c). Offsetting benefits under the
15 Wheeling Statutes are limited to benefits “for the use of the conveyance system.” Other
16 benefits—e.g., benefits from water supply—are not “offsetting benefits” from “use of the
17 conveyance system.” (See PTX26, MWD2010-00264776; RT 457:16-24, 1515:19-1517:23.)
18 In 1997, Metropolitan’s Board of Directors adopted Resolution 8520, supporting the pre-
19 set wheeling rate. (DTX23.) Resolution 8520 provided for a reduction for benefits, if any, on a
20 case-by-case basis for a particular wheeling transaction not exceeding one year: “The wheeling
21 rates shall be reduced to reflect the regional water supply benefits provided to Metropolitan’s
22 service area, if any, on a case-by-case basis in response to a particular wheeling transaction. The
23 regional benefits, if any shall be calculated by Metropolitan in the same manner as such benefits
24 are calculated for use in the Local Projects and Groundwater Recovery Program.” (DTX23.)
25 In 2000, the Court of Appeal upheld Metropolitan’s use of a fixed wheeling rate for short-
26 term transactions, with any offsetting benefits to be determined separately. IID, 80 Cal. App. 4th
27 at 1407-08. The court noted that “Metropolitan will provide offsetting benefits on a case-by-case
28 basis.” Id. at 1420. On August 18, 2020, with no transactions governed by the wheeling rate
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METROPOLITAN’S POST-TRIAL BRIEF (CORRECTED)
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1 occurring in over 10 years, the Metropolitan Board of Directors repealed the preset wheeling rate
2 and Resolution 8520. (DTX2529; RT 1387:16-1388:25.)
3 B. The Exchange Agreement
4 Metropolitan is one of a few California entities with rights to Colorado River water. (RT
5 1167:9-21.) Imperial Irrigation District (“IID”) also has rights to Colorado River water and it has
6 sold conserved Colorado River water to other parties. The initial purchaser of IID’s conserved
7 water was Metropolitan in 1988. During 2015-2020, Metropolitan paid approximately $120/acre-
8 foot (“AF”) for its IID water. (RT 1710:11-26, 1711:23-1712:7.) Metropolitan was able to acquire
9 Colorado River water during the same time period from other sources for between $120/AF and
10 $375/AF. (RT 1710:11-26, 1711:23-1713:24, 1715:1-1717:3, 1721:25-1726:10.)
11 In 1998, a decade later, IID and San Diego, a Metropolitan member agency without
12 Colorado River rights, entered a similar agreement (“the IID-San Diego Agreement”). SDCWA,
13 12 Cal. App. 5th at 1135. San Diego paid approximately $679/AF for its IID water during 2015-
14 2020—more than five times as much as Metropolitan. (PTX1175A.)
15 IID agreed to transfer up to 200,000 AF of conserved Colorado River water per year to
16 San Diego, contingent on Metropolitan agreeing to accept delivery of the transfer water from IID
17 at Lake Havasu, and deliver a like quantity of water to San Diego. San Diego proposed a
18 wheeling agreement but the parties were unable to negotiate one. (RT 1518:7-1519:19.) Instead,
19 the parties entered into a 30-year exchange agreement. SDCWA, 12 Cal. App. 5th at 1136.
20 Under the 1998 Exchange Agreement (DTX28), San Diego agreed to pay Metropolitan
21 $90/AF with annual increases. The agreement was conditioned on the state legislature’s
22 appropriation of $235 million to Metropolitan for projects, including to line the earthen All-
23 American and Coachella Canals to conserve a water supply that would otherwise be lost through
24
Related Content
in San Francisco County
Ruling
PEOPLE CENTER, INC. D/B/A RIPPLING, A DELAWARE VS. ASURE PAYROLL TAX MANAGEMENT LLC, A DELAWARE LLC ET AL
Jul 11, 2024 |
CGC24615613
Matter on the Law & Motion calendar for Thursday, July 11, 2024, Line 15. PLAINTIFF PEOPLE CENTER, INC. D/B/A RIPPLING's Motion For Preliminary Injunction. Plaintiff People Center, Inc. d/b/a Rippling's motion for a preliminary injunction is denied. (The Court's complete tentative ruling has been emailed to the parties.) For the 1:30 p.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/RBU)
Ruling
A & A GENERAL BUILDING CONSTRUCTION INC., A VS. ARLENE S. TASIM ET AL
Jul 12, 2024 |
CGC23609755
Matter on the Law & Motion calendar for Friday, July 12, 2024, Line 12. DEFENDANT ARLENE TASIM AND ALI TASIM'S Motion For Sanctions Against A A General Building Construction Inc. Pursuant To Code Of Civil Procedure Section 1281.99. Defendants and Cross-Complainants' unopposed Motion for Sanctions in the amount of $8350.00 is granted (CCP section 1281.99), payment to be made within 30 days of the filing of this order. Friday's Law & Motion Calendar will be called out of Dept. 301. Anyone intending to appear in person should report to Dept. 301. However, anyone intending to appear remotely should use the regular Zoom information for Dept. 302's Law & Motion Calendar for 9:30 a.m. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/RCE)
Ruling
YOLANDA JONES ET AL VS. GENERAL MOTORS, LLC ET AL
Jul 10, 2024 |
CGC23609805
Matter on the Law & Motion calendar for Wednesday, July 10, 2024, Line 10. 2 - DEFENDANT GENERAL MOTORS, LLC's MOTION TO STRIKE 1ST Amended COMPLAINT. Off calendar. The Quezada declaration fails to show that the parties met and conferred "in person, by telephone, or by video conference" in compliance with CCP 435.5. The parties are ordered to comply with the code. The response to the complaint is now due August 7, 2024. For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/RBU)
Ruling
EDWARD WESTERMAN VS. FTI CONSULTING, INC. ET AL
Jul 09, 2024 |
CGC24615152
Matter on the Law & Motion Calendar for Tuesday, July 9, 2024, Line 12. PLAINTIFF EDWARD WESTERMAN's Motion To Seal. Plaintiff's unopposed motion to seal is granted. For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/RBU)
Ruling
CLEAR HOMES LLC, A NEW MEXICO LIMITED LIABILITY VS. BRENDAN MICHAEL WEE ET AL
Jul 11, 2024 |
CGC23607972
Real Property/Housing Court Law and Motion Calendar for July 11, 2024 line 2. DEFENDANT BRENDAN WEE, ERIKA HILTON MOTION FOR JUDGMENT ON THE PLEADINGS is Off Calendar - Per request of moving party. =(501/HEK) Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified and the opposing party does not appear.
Ruling
ELIANE DOS SANTOS VITAL, AN INDIVIDUAL ET AL VS. AMERICAN HONDA MOTOR CO., INC., A CALIFORNIA ET AL
Jul 12, 2024 |
CGC22601133
Matter on the Discovery Calendar for Friday, Jul-12-2024, Line 2, PLAINTIFFS ELIANE DOS SANTOS VITAL, AN INDIVIDUAL, and WIDES VITAL DA SILVA'S, AN INDIVIDUAL, Motion To Compel Further Responses To Plaintiffs Request For Production Of Documents, Set Two. Pro Tem Judge William Lynn, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to sign given by email. If not all parties to the motion sign the stipulation, the Pro Tem Judge will hold a hearing on the motion and, based on the papers submitted by the parties and the hearing, issue a report in the nature of a recommendation to the Dept. 302 Judge, who will then decide the motion. If a party does not appear at the hearing, the party will be deemed to have stipulated that the motion will be decided by the Pro Tem Judge with the same authority as a Superior Court Judge. The Pro Tem Judge has issued the following tentative ruling: Parties to appear if the motion remains unresolved. For the 9:00 a.m. Discovery calendar, all attorneys and parties are required to appear remotely. Hearings will be conducted by videoconference using Zoom. To appear at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link (DISCOVERY, DEPARTMENT 302 DAILY AT 9:00 A.M.), or dial the corresponding number and use the meeting ID, and password for Discovery Department 302. Any party who contests a tentative ruling must send an email to williamclynn@gmail.com with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. If the tentative ruling is not contested, the parties are deemed to have stipulated to the Pro Tem hearing the motion and the Pro Tem will sign an order confirming the tentative ruling. The prevailing party is required to prepare a proposed order repeating verbatim the substantive portion of the tentative ruling and must e-mail it to the Judge Pro Tem. The court no longer provides a court reporter in the Discovery Department. Parties may retain their own reporter, who may appear remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JPT)
Ruling
Y.P. VS. WELLS FARGO & COMPANY, ET AL
Jul 10, 2024 |
CGC24613065
Matter on the Law & Motion calendar for Wednesday, July 10, 2024, Line 12. DEFENDANT EARL IGNACIO AND WELLS FARGO BANK, N.A.'s Motion To Compel Arbitration. Defendants Wells Fargo Bank, N.A. and Earl Ignacio's motion to compel arbitration and stay is denied. (The Court's complete tentative ruling has been emailed to the parties.) For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/RBU)
Ruling
MARY ELIZABETH LEMASTERS VS. SCHOENBERG FAMILY LAW GROUP P.C. ET AL
Jul 09, 2024 |
CGC22600572
Matter on the Law & Motion Calendar for Tuesday, July 9, 2024, Line 4. PLAINTIFF MARY LEMASTERS' MOTION FOR WITHDRAWAL OF ATTORNEY OF RECORD. Hearing required. For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/RBU)
Ruling
JOHN P BERNARD VS. BMW OF NORTH AMERICA, LLC ET AL
Jul 10, 2024 |
CGC23608339
Matter on the Law & Motion calendar for Wednesday, July 10, 2024, Line 8. PLAINTIFF JOHN BERNARD's Motion For Award Of Attorneys Fees, Costs, And Expenses. Off calendar for noncompliance with Local Rule 2.7(B) (courtesy copies). The motion may be re-set for a Mon.-Thurs. after July 24, with papers to bear new hearing date. In meantime, counsel shall meet and confer to resolve their differences. For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/RBU)